On January 22, 1973,
the United States Supreme Court eliminated a checkerboard of
state laws on reproductive freedom and guaranteed American women
choice throughout the country. Thirty years later, American men
are still waiting for the same right.
When a woman gets pregnant she has the right to decide whether
or not to carry the baby to term, and whether to raise the child
herself or to give it up for adoption. In many states she can
even terminate all parental responsibility by returning the baby
to the hospital within a few weeks of birth. Yet if she decides
she wants the child, she can demand 18 years of child support
from the father, and he has no choice in the matter. When it
comes to reproduction, in America today women have rights and
men merely have responsibilities.
Certainly nobody should be able to dictate to a woman what she
can and cannot do with her own body, thus the feminist slogan
"My Body, My Choice." Yet our current laws allow a woman to
dictate to a man what to do with his body. The average
American father works a 51-hour work week, one of the longest in
the industrialized world. It is men, overwhelmingly, who do our
society's hazardous and most strenuous jobs, and nearly 50
American workers--mostly men--are injured every minute of the
40-hour work week. Can anybody deny that the sacrifices required
to pay 18 years of child support take a heavy toll on a man's
body, too? Where's his choice?
Feminists are legitimately concerned that, if abortion were
banned, the government would be exercising control over a very
intimate and important part of a woman's life. But when a woman
forces a man to be responsible for a child only she wants, and
when the state child-support apparatus takes a third or more of
his income and jails him if he comes up short, isn't the
government exercising control over his life?
The "Choice for Men" movement seeks to give fathers the right to
relinquish their parental rights and responsibilities within a
month of learning of a pregnancy, just as mothers do when they
choose to give their children up for adoption. These men would
be obligated to provide legitimate financial compensation to
cover pregnancy-related medical expenses and the mother's loss
of income during pregnancy. The right would only apply to
pregnancies which occurred outside of marriage, and women would
still be free to exercise all of the reproductive choices they
now have.
Advocates of Choice for Men note that over 1.5 million American
women legally walk away from motherhood every year by either
adoption, abortion, or abandonment, and demand that men, like
women, be given reproductive options. They point out that,
unlike women, men have no reliable contraception available to
them, since the failure rate of condoms is substantial, and
vasectomies are impractical for young men who plan on becoming
fathers later in life.
Since there are long backlogs of stable, two-parent families
looking for babies to adopt, there is no reason why any child
born out of wedlock to unwilling parents would be without a good
home. In addition, if women knew that they could not compel men
to pay to support children they do not want, the number of unwed
births (and the social problems associated with them) would be
reduced.
Some of those who fought for women's reproductive choices
support choice for men. Karen DeCrow, former president of the
National Organization for Women, writes:
"If a woman makes a unilateral decision to bring a pregnancy to
term, and the biological father does not, and cannot, share in
this decision, he should not be liable for 21 years of support
... autonomous women making independent decisions about their
lives should not expect men to finance their choice."
To date, courts have refused to respect men's
reproductive rights even in the most extreme cases, including:
when child support is demanded from men who were as young as 12
when they were statutorily raped by older women; when women have
taken the semen from a used condom and inserted it in
themselves, including from condoms used only in oral sex; and
when a woman has concealed her pregnancy from her former partner
(denying him the right to be a father) and then sued for back
and current child support eight or ten years later.
The National Abortion Rights Action League (renamed "NARAL
Pro-Choice America" on January 1 of this year), has been in the
forefront of the struggle for choice for women for over three
decades. They explain that "the essence of America is the right
to determine the course of one's life, to make one's own choices
and shape one's own destiny. A woman's freedom to choose is
integral to that concept of liberty." Fine words, but is there
one of them which does not apply equally to men? Shouldn't men
have a choice, too?
This column first appeared in the
Mail & Guardian, published in Johannesburg and Cape Town,
South Africa.
Glenn Sacks writes about gender issues from the male perspective.
He can be reached at Glenn@GlennSacks.com.